Court No. - 47
Case :- GOVERNMENT APPEAL No. - 5237 of 2006 Appellant :- State Of U.P.
Respondent :- Ram Gopal And Others Counsel for Appellant :- V.S.Mishra,G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajesh Kumar Mishra, learned AGA on behalf of State-appellant. Typed judgment has been filed by learned AGA today in the Court, which is taken on record.
This appeal of acquittal has been filed from the judgment of Special Judge SC/ST Act, Agra dated 2.5.2006 passed in Sessions Trial No.294 of 1998 arising out of Case Crime No.378 of 2003, under Sections 147, 148, 149, 307, 504, 506 IPC and Section 3(1)(10) SC/ST Act, PS Fahtehpur Sikari, District Agra.
The incident is alleged to have been taken place on 21.6.1993 at 5.00 PM and FIR was lodged on 26.7.1993 at 21.40 hours. In the FIR, it has been alleged that on 21.6.1993 at 5.00 PM, the informant was making Nali to irrigate his crops, which is situated at village Hanspura. Then accused came there armed with lathi-danda and country made pistol. The accused attacked upon the informant and also abused him by the name of caste. On the exhortation of Rajendra Prasad, Manoj Kumar open fire upon informant, which could not cause any injury. Rajendra Prasad, Ram Gopal, Kalla, Gaya Prasad and Krishna assaulted him through lathi. On his hue and cry, the witnesses Kali Charan and others came on the spot and saved the informant. Santoshi was medically examined and following injuries were found on his body:-
"(i) Swelling of wound in the area of 3 x 3cm. on the left side of the head.
(ii) Bluish Red contusion of 4 x 2cm. in the middle of right forearm."
In order to prove the prosecution case, the prosecution examined Santoshi PW-1, Vijay Kumar PW-2 and Vijay Singh PW-3.
The accused examined Kali Charan DW-1.
After hearing the parties by impugned judgment, the trial court has held that the offence against the accused are not proved beyond reasonable doubt. Hence the order of acquittal has been passed.
We have considered the arguments of learned counsel for the appellant, although the role of assaulting through lathi has been assigned to 4 accused but on the body of informant only 2 injuries were found. Thus, the medical evidence is not corroborated with the ocular testimony of the witnesses. On the other hand, from the evidence of the accused, it was proved that the disputed land was belonged to accused Krishna Vallabh but had sold it to the wife of the accused Ram Gopal. It has been stated by the accused that when Krishna was owner then the respondent land in dispute was cultivated by Santoshi but after selling it, the other accused has refused to give land to Santoshi and therefore, he has implicated them. The defence version has been accepted by the trial court, inasmuch as the ocular testimony was not corroborated with the medical evidence of the informant.
The reason assigned by the trial court is a cogent reason and no interference can be made by this Court.
In view of above, this application seeking leave to appeal is, accordingly, rejected and consequently the appeal is also dismissed.
Order Date :- 24.1.2019 Ashutosh Pandey